אי אמרת בשלמא יורש הוי משום הכי אלמנתו נזונת מנכסיו אלא אי אמרת לוקח הוי אמאי נזונת מנכסיו
— It is possible that maintenance<span class="x" onmousemove="('comment',' The right of the minors to be maintained out of their father's estate.
');"><sup>56</sup></span> is different,<span class="x" onmousemove="('comment',' From a verbal loan.
');"><sup>57</sup></span> since such [an obligation] is generally known.<span class="x" onmousemove="('comment',' Lit., 'it has a voice', i.e., people well know the fact that the deceased had left minors who are entirely dependent on his estate for their maintenance. Hence the husbands of the elder daughters are assumed to have known the fact. Consequently, the claim of the minors is not to be compared to that of a verbal loan but to one given under a written note of indebtedness, in which case it may be collected even from a buyer of the estate, v. infra 175a.
');"><sup>58</sup></span>
Tosefta Ketubot
If the son sold [property written to him by his father for after his death] and (sic! according to Ehrfurt manuscript and most Rishonim, see Lieberman's notes) his father died, if there is property [still] attached to the ground [i.e. that the buyer has not used in the meantime], they evaluate for him [i.e. the property returns to the inheritors, but the buyer gets a certain amount of money as if he were a tenant, see end of this halakhah, also Lieberman and Tosefta Ketubot 8:4 above]. One who receives a field from his fellow [and then the original owner wants it back] which is an irrigated field or orchard [two types of field that are a lot of work to look after], if there is property attached to the ground, they evaluate for him [as a tenant]. One who receives a field from his fellow and the 7th year arrives, if there is property attached to the ground, they evaluate for him. (The following is not in the printed edition but supplied by Ehrfrut manuscript:) One who receives a field from his fellow and the time arrives when he has to leave, if there are [property] attached to the ground, they evaluate for him. And for all of these, they evaluate them as if he were a tenant.
Ask RabbiBookmarkShareCopy
